Common use of Service User’s Mental Capacity Clause in Contracts

Service User’s Mental Capacity. 5.5.1 The Mental Capacity Act 2005 (as amended) makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question. 5.5.2 The Service User’s Care Plan, Personal Plan and ISC shall indicate whether or not the Service User has, at the start date of the ISC, legal capacity to enter the ISC and whether the Service User has granted any form of lawful authority (such as a form of Lasting Power of Attorney) to another person in accordance with the provisions of the Mental Capacity Act 2005. 5.5.3 If, at any time, the Service User lacks capacity to make a particular routine decision about day-to-day life in the Home (for instance, what to wear, what to eat, where to sit), the Service Provider will use its best endeavours to assist the Service User to make the decision himself / herself but if that fails, the Service Provider may make the decision on the Service User’s behalf in accordance with the principles set out in the Mental Capacity Act 2005, an important principle being that the decision will be made in the Service User’s best interests. 5.5.4 If, at any time, the Service User appears to lack capacity to make a significant decision, the Service Purchaser(s) and / or Service Provider may organise a multi- agency meeting to include the Service User and his / her Representative to review the Service User’s capacity and, convene a best interest meeting if appropriate, to make the relevant decision in the Service User’s best interests and/or make an application to the Court of Protection. 5.5.5 If at any stage during the term of an ISC it appears that the Service User has lost capacity to manage his / her financial affairs or property, the Service Provider shall promptly notify the Representative(s) and the Service Purchaser(s) in writing and it shall be the responsibility of either the Representative(s) or the Service Purchaser(s) to organise an assessment of capacity and to make an application to the Court of Protection, if appropriate. 5.5.6 Before an admission to the Home in circumstances that may amount to a deprivation of the Service User’s liberty, the Service Purchaser(s) and the Service Provider shall (a) consider whether the Service User’s needs can be met in a less restrictive way and (b) where appropriate and practical, the authorisation shall be sought as part of the care / discharge from hospital planning process. The Council Service Purchaser in its capacity as Managing Authority or Responsible Body under the provisions of the Mental Capacity Act 2005 (as amended) (Deprivation of Liberty Safeguards / Liberty Protection Safeguards) shall have in place a policy and procedure that identifies: - • Whether deprivation of liberty is or may be necessary in a particular case. • What steps should be taken to assess whether to seek an urgent or standard authorisation. • Whether all practical and reasonable steps have been taken to avoid a deprivation of liberty. • What action should be taken if a request for authorisation is needed. • How cases should be reviewed where authorisation is or may be necessary. • Who should take these steps.

Service User’s Mental Capacity. 5.5.1 The Mental Capacity Act 2005 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (as amended) makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question. 5.5.2 The Service User’s Care Plan, Personal Plan and ISC shall indicate whether or not the Service User has, at the start date of the ISC, legal capacity to enter the ISC and whether the Service User has granted any form of lawful authority (such as a form of Lasting Power of Attorney) to another person in accordance with the provisions of the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 5.5.3 If, at any time, the Service User lacks capacity to make a particular routine decision about day-to-day life in the Home (for instance, what to wear, what to eat, where to sit), the Service Provider will use its best endeavours to assist the Service User to make the decision himself / herself but if that fails, the Service Provider may make the decision on the Service User’s behalf in accordance with the principles set out in the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, an important principle being that the decision will be made in the Service User’s best interests. 5.5.4 If, at any time, the Service User appears to lack capacity to make a significant decision, the Service Purchaser(s) and / or Service Provider may organise a multi- agency meeting to include the Service User and his / her Representative to review the Service User’s capacity and, convene a best interest meeting if appropriate, to make the relevant decision in the Service User’s best interests and/or make an application to the Court of Protection. 5.5.5 If at any stage during the term of an ISC it appears that the Service User has lost capacity to manage his / her financial affairs or property, the Service Provider shall promptly notify the Representative(s) and the Service Purchaser(s) in writing and it shall be the responsibility of either the Representative(s) or the Service Purchaser(s) to organise an assessment of capacity and to make an application to the Court of Protection, if appropriate. 5.5.6 Before an admission to the Home in circumstances that may amount to a deprivation of the Service User’s liberty, the Service Purchaser(s) and the Service Provider shall (a) consider whether the Service User’s needs can be met in a less restrictive way and (b) where appropriate and practical, the authorisation shall be sought as part of the care / discharge from hospital planning process. The Council Service Purchaser in its capacity as Managing Authority or Responsible Body under the provisions of the Mental Capacity Act 2005 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (as amended) (Deprivation of Liberty Safeguards / Liberty Protection Safeguards) shall have in place a policy and procedure that identifies: - • Whether deprivation of liberty is or may be necessary in a particular case. • What steps should be taken to assess whether to seek an urgent or standard authorisation. • Whether all practical and reasonable steps have been taken to avoid a deprivation of liberty. • What action should be taken if a request for authorisation is needed. • How cases should be reviewed where authorisation is or may be necessary. • Who should take these steps.

Service User’s Mental Capacity. 5.5.1 The Mental Capacity Act 2005 (as amended) ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both that must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question. 5.5.2 The Service User’s Care and Support Plan, Personal Plan and ISC shall indicate whether or not the Service User has, at the start date of the ISC, legal capacity to enter the ISC and whether the Service User has granted any form of lawful authority (such as a form of Lasting Power of Attorney) to another person in accordance with the provisions of the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 5.5.3 If, at any time, the Service User lacks capacity to make a particular routine decision about day-to-day life in the Home (for instance, what to wear, what to eat, where to sit), the Service Provider will use its best endeavours to assist the Service User to make the decision himself / himself/herself but if that fails, the Service Provider may make the decision on the Service User’s behalf in accordance with the principles set out in the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, an important principle being that the decision will be made in the Service User’s best interests. 5.5.4 If, at any time, the Service User appears to lack capacity to make a significant decision, the Service Purchaser(s) and / or and/or Service Provider may organise a multi- multi-agency meeting to include the Service User and his / his/her Representative to review the Service User’s capacity and, convene a best interest meeting if appropriate, to make the relevant decision in the Service User’s best interests and/or make an application to the Court of Protection. 5.5.5 If at any stage during the term of an ISC it appears that the Service User has lost capacity to manage his / his/her financial affairs or property, the Service Provider shall promptly notify the Representative(s) and the Service Purchaser(s) in writing and it shall be the responsibility of either the Representative(s) or the Service Purchaser(s) to organise an assessment of capacity and to make an application to the Court of Protection, if appropriate. 5.5.6 Before an admission to the Home in circumstances that may amount to a deprivation of the Service User’s liberty, the Service Purchaser(s) and the Service Provider shall (a) consider whether the Service User’s needs can be met in a less restrictive way and (b) where appropriate and practical, the authorisation shall be sought as part of the care / care/discharge from hospital planning process. The Council Service Purchaser in its capacity as Managing Authority or Responsible Body under the provisions of the Mental Capacity Act 2005 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (as amended) (including Deprivation of Liberty Safeguards / Safeguards/Liberty Protection Safeguards) shall have in place a policy and procedure that identifies: - • Whether deprivation of liberty is or may be necessary in a particular case. • What steps should be taken to assess whether to seek an urgent or standard authorisation. • Whether all practical and reasonable steps have been taken to avoid a deprivation of liberty. • What action should be taken if a request for authorisation is needed. • How cases should be reviewed where authorisation is or may be necessary. • Who should take these steps.

Service User’s Mental Capacity. 5.5.1 The Mental Capacity Act 2005 (as amended) ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ makes provision to empower people to make decisions for themselves wherever possible and protects people who lack ‘capacity’ by providing a framework that places individuals at the heart of the decision-making process. The Code of Practice provides guidance and both that must be referred to when issues relating to a Service User’s capacity arise. The Service Purchaser(s) and the Service Provider will always assume the Service User has the capacity to make the day to day decisions, unless there is clear evidence otherwise. The Service Purchaser(s) and the Service Provider are not legally permitted to take the wishes of the Service User’s Representative as being the Service User’s wishes unless the Representative has evidenced legal authority to make the decision in question. 5.5.2 The Service User’s Care and Support Plan, Personal Plan and ISC shall indicate whether or not the Service User has, at the start date of the ISC, legal capacity to enter the ISC and whether the Service User has granted any form of lawful authority (such as a form of Lasting Power of Attorney) to another person in accordance with the provisions of the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 5.5.3 If, at any time, the Service User lacks capacity to make a particular routine decision about day-to-day life in the Home (for instance, what to wear, what to eat, where to sit), the Service Provider will use its best endeavours to assist the Service User to make the decision himself / himself/herself but if that fails, the Service Provider may make the decision on the Service User’s behalf in accordance with the principles set out in the Mental Capacity Act 2005▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, an important principle being that the decision will be made in the Service User’s best interests. 5.5.4 If, at any time, the Service User appears to lack capacity to make a significant decision, the Service Purchaser(s) and / or and/or Service Provider may organise a multi- multi-agency meeting to include the Service User and his / his/her Representative to review the Service User’s capacity and, convene a best interest meeting if appropriate, to make the relevant decision in the Service User’s best interests and/or make an application to the Court of Protection. 5.5.5 If at any stage during the term of an ISC it appears that the Service User has lost capacity to manage his / his/her financial affairs or property, the Service Provider shall promptly notify the Representative(s) and the Service Purchaser(s) in writing and it shall be the responsibility of either the Representative(s) or the Service Purchaser(s) to organise an assessment of capacity and to make an application to the Court of Protection, if appropriate. 5.5.6 Before an admission to the Home in circumstances that may amount to a deprivation of the Service User’s liberty, the Service Purchaser(s) and the Service Provider shall (a) consider whether the Service User’s needs can be met in a less restrictive way and (b) where appropriate and practical, the authorisation shall be sought as part of the care / care/discharge from hospital planning process. The Council Service Purchaser in its capacity as Managing Authority or Responsible Body under the provisions of the Mental Capacity Act 2005 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ (as amended) (including Deprivation of Liberty Safeguards / Safeguards/Liberty Protection Safeguards) shall have in place a policy and procedure that identifies: - • Whether deprivation of liberty is or may be necessary in a particular case. • What steps should be taken to assess whether to seek an urgent or standard authorisation. • Whether all practical and reasonable steps have been taken to avoid a deprivation of liberty. • What action should be taken if a request for authorisation is needed. • How cases should be reviewed where authorisation is or may be necessary. • Who should take these steps.